Clough v. Hoffman
New York Supreme Court
Demurrer to declaration. The declaration contains three counts. In the first count, it is stated that the parties having been co-partners in trade, the partnership was dissolved on 8th January, 1827, when the defendants entered into a covenant ¿o pay off and fully discharge all the company debts due from the firm, and to hold and save the plaintiff harmless and indemnified from the payment of the same, and from all costs and charges thence arising.
Read the full summary
Demurrer to declaration. The declaration contains three counts. In the first count, it is stated that the parties having been co-partners in trade, the partnership was dissolved on 8th January, 1827, when the defendants entered into a covenant ¿o pay off and fully discharge all the company debts due from the firm, and to hold and save the plaintiff harmless and indemnified from the payment of the same, and from all costs and charges thence arising. The plaintiff then avers a general non-performance on the part of the defenclantgj jjy mean8 whereof he was on 17th April, 1827, called upon and…
1Opinion of the Court
By the Court,
Sutherland, J.
I am inclined to think that the averments, the want of which are objected to, were not necessaiy, and that the declaration is good upon general demurrer. The covenant of the defendants bound them not only to indemnify the plaintiff against, but also absolutely topayall the company debts. These debts must be presumed to be as well known to the defendants as to the plaintiff. It is also to be presumed, nay it is expressly averred in the second count, that all the books of account, vouchers, &c. belonging to the firm were banded over and transferred to them. They…
2Cited by1 opinion
- Whitton v. WhittonSupreme Court of New Hampshire · 1859